On April 5, 2012, USCIS announced that in just the first week of filing, 22,323 H-1B petitions have been received for an Oct. 1, 2012 start date. According to USCIS, the number of filings received in the first few days of the H-1B season is almost double the number of filings received during the same period last year.

Approximately 75 percent of these filings will count toward the congressionally mandated quota of 65,000 H-1B petitions. The remainder will count toward the quota of 20,000 advanced degree professional petitions. Universities, nonprofit research centers, and certain related entities are exempt from the H-1B cap, as are H-1B extensions and H-1B change of employer petitions for persons already counted against the H-1B cap in prior years.

Because of this surge in demand for new H-1B petitions, employers who are thinking about filing an H-1B petition on behalf of a foreign worker for the 2013 Fiscal Year (which starts on Oct. 1, 2012) should consider filing as soon as possible as it appears that there will be greater demand for H-1B cap numbers this year than in recent years.

Disclaimer

This advisory is a publication of Davis Wright Tremaine LLP. Our purpose in publishing this advisory is to inform our clients and friends of recent legal developments. It is not intended, nor should it be used, as a substitute for specific legal advice as legal counsel may only be given in response to inquiries regarding particular situations.